Ms. Rajashree D/O Ravsaheb Koli v. The State Of Maharashtra Through The Secretary, Tribal Development Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12624 OF 2023 NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2024.12.06 10:25:32 +0530 Rajashree D/o Ravsaheb Koli .....Petitioner Vs.

The State of Maharashtra and Ors. ....Respondents Ms. Vaishali B. Suryawanshi for the Petitioner. Mr. B. V. Samant, Addl. G. P a/w V. M. Mali, AGP for the State. CORAM : RAVINDRA V. GHUGE& ASHWIN D. BHOBE, JJ.

DATE : 2nd DECEMBER, 2024 P.C. :- 1.

We have perused the impugned orders and have heard the learned Advocate for the Petitioner and the learned AGP on behalf of Respondent No.1, Committee.

2.

We find that the Petitioner's request for a Koli Mahadev Scheduled Tribe Certificate, was rejected by the S. D. O. Ichalkaranji, on 13th March, 2023 and her father was granted a Form-C Koli Mahadev Scheduled Tribe Certificate, on 28th March,

2023. He earlier had a certificate in the old format as Mahadev Koli, dated 24th July 1978.

3.

The learned Advocate for the Petitioner submits that the S. D. O. as well as the Committee, did not have the assistance of the father's recent certificate dated 28th March, 2023 and may have lost sight of the earlier certificate dated 24th July, 1978. 4.

We find from the impugned order passed by the S. D. O., that the father had received a certificate dated 24th July, 1978. The father's proposal was re-submitted for seeking a Form C Certificate, which he has recently received.

5.

In view of the above, though the impugned orders deserve to be set aside, there are no circumstances for imposition of cost.

6.

This Writ Petition is allowed. The impugned orders of S. D. O. as well as the Committee, dated 13th March, 2023 and 17th July, 2023 are quashed and set aside.

7.

Respondent No.3 would issue the Koli Mahadev Scheduled Tribe Certificate to the Petitioner in the format prescribed, within a period of 30 days from today. 8.

Needless to state that, if the Petitioner or those persons who have received such Tribe Certificates, hereinbefore, approach the Competent Committee for seeking a Validity Certificate, this order would not influence the Committee and they would be at liberty to deal with such claim on its own merits in the light of the provisions of the 2000 Act and the law laid down by the Hon'ble Supreme Court in Maharashtra Adiwasi Thakur Jamat Swarakshan Samiti vs. The State of Maharashtra and others, AIR 2023 SC 1657. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)